Other ways to get legal?

[xtina]

Ok, so here's the deal, my boyfriend has worked for this farm since I believe it was 2002, and now with all the immigration issues going on in congress, his employer is getting worried about losing him.
My boyfriend's been thinking of going back to Mexico on a vacation next July to see his family (he really misses them :sad: ) for maybe like 2 or 3 months.

Now his employer has offered to try to help him get legal, but he just doesn't know how to go about it? I guess my question is, what are our options? His employer is willing to go pretty far, so don't think of price an issue.

It would be wonderful if we could get the paperwork for this done before (or during) he leaves for Mexico, since then he could come back easily and legally, you know, not crossing the horrible desert. Oh, and his type of work would probably fall under unskilled labor, since it is farm work, and he is not in a manager position or anything.

Any help would be wonderful!!!!
(Also, I didnt know under what category to post this?)

[angela256z]

Hi Xtina - Welcome. First off your BF employer needs to fill out some forms from USCIS. depending on what type of Visa. If your BF has entered and exited the US a lot he may not be eligible for this option. I know that one of the forms is I-129, but I am not sure if that is temporary or permanant.

[angela256z]

Check out this thread under the H-Visas. The other form is the I-140

http://immigrate2us.net/forum/showthread.php?p=18234#post18234

[xtina]

he has only entered once and never really been in trouble with the law.
it would be best if he could get a permanent visa..

angela256z - you think he would fall under the EB-3 Professional or Skilled Workers category?
• Aliens capable of performing unskilled labor for which qualified workers are not available in the U.S.

[angela256z]

I believe that is the one. The employer will have to get some kind of Certificate saying he is not able to hire any qualified USC, but I have heard this is easy. My friends job is trying to do the same thing for their employees. I am sorry to say I do not know much more. You may want to investigate more into H visa like by googling it.

[xtina]

Thank you so much for the information, and I hope it ends up going well for your friend.

[angela256z]

You should print out both the I-129 and the I-140 and read the instructions. Give them to his employer too. The Employer can call the USCIS number if they have questions, but they are not always a reliable sorce of information. Goodluck!

[xtina]

I just went to the USCIS website and it stated this about the EB-3:

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information. :erm:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b470194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD

[angela256z]

maybe he can qualify under a different category. There is a lawyer that Laurel recommends for this. I forgot her name, but I emailed it to my friend I will see if she has the info tomorrow

[djones9714]

If he entered EWI, there is no way he can get legal without leaving and applying for the waiver for illegal entry. Regardless of which visa he applies for, he still would have to apply for a waiver if he entered illegally.